Harshal Santosh Bhandari v. The State Of Maharashtra Through Additional Chief Secretary And Others

5-wp3543.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5763 OF 2025 IN WRIT PETITION NO. 3543 OF 2024 Harshal Santosh Bhandari vs.

The State Of Maharashtra And Others ---- Mr.Y.S.Choudhari, Advocate for applicant Mr.A.A.A.Kale, AGP for respondent nos.1 to 3 Mr.R.K.Ashtekar, Advocate h/f. Mr.V.S.Bedre, Advocate for respondent no.4 Mr.D.R.Kale, Advocate for respondent nos.5 to 7 (original petitioner in Writ Petition) ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

AUGUST 01, 2025 ORDER :- Heard learned counsel for the parties. This is an application for intervention.

2.

Learned counsel for the intervenor invites our attention to paragraph 5 of the Writ Petition, which reads as under:- The petitioners submit that, as stated herein above, Harshal Santosh Bhandari as well as Mohan Ramavtar Mandhana had purchased the said land portion, and after that they have submitted proposal to the Town Planning Department with the respondent no. 4 for plotting and amalgamation, respondent no. 4 and its officers without following due

5-wp3543.2024 procedure, record showing that these are two separate villages and area of Savedi and Bhistbag and there is boundary road in between these two parts used for public at large. The map prepared on the application of Mohan Ramavtar Mandhana, has specifically shows that, towards southern side area and towards northern side of area there is boundary of Bhistbag. That, copy of map along with sale deed are annexed herewith and marked as EXHIBIT "B"

3.

Learned counsel for the original petitioner tenders across the bar a copy of the report submitted by the Director of Town Planning, Pune, addressed to the Principal Secretary, Urban Development Department, Mantralaya, Mumbai, dated 01.10.2024. 4.

Learned counsel for the invervenor submits that the said report was prepared without considering the contentions of the intervenor, who is likely to be affected. He submits that the intervention application may be allowed so that he can file the reply affidavit.

5.

In view of the above and considering the above referred averments in the paragraph 5 of the Writ Petition, we allow the intervention application. Intervenor be added as respondent no.5 in the petition. Amendment be carried out forthwith. The intervenor is at liberty to file reply affidavit.

5-wp3543.2024 6.

List the petition on 25.08.2025.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP